A. Upon receipt of any application specified in section 17.04.190 of this chapter, the City Council may determine to hold a public hearing and in that event shall follow the notification and public hearing requirements specified in title 67, Idaho Code. The property owner must sign all applications in question. It shall be the applicant's responsibility to collect and turn into the City as part of his/her application the names and addresses of all property owners within three hundred feet (300') of the property (excluding streets and alleys) if such notification is required. The applicant shall reimburse the City any notification costs.
B. Applications for variances to this Code shall be considered when they are not contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in an unnecessary hardship because of the physical characteristics of the site. A variance shall not be considered a right or privilege and will only be granted to the applicant if hardship is proven and it is not in conflict with the public interest.
The applicant shall be required to provide proof of the following in their application:
1. What physical characteristic of the site exists to cause a hardship?
2. What hardship has been caused and why does it impose undue burdens upon the property owner?
3. Evidence that the owner, or previous owners, through their own actions did not cause the hardship. (Ord. 311 § 1, 1999)
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